Washington Administrative Code

If a party fails to attend or participate in a hearing or other stage of an adjudicative proceeding, the board may serve upon all parties a default or dismissal order which shall include a statement of the grounds for the order. Within seven days after service of a default or dis…

(1) In all appeals filed with the personnel appeals board:(a) Where the parties have indicated that the case has been settled and ready for dismissal and where there has been no action by the parties during the preceding thirty days; or(b) When the board deems it appropriate for …

At any hearing before the personnel appeals board or hearings examiner when exhibits are offered, copies shall be furnished to the opposing party, to each board member or hearings examiner and for the official file. The parties should interchange copies of exhibits before or at t…

All persons appearing in appeal proceedings before the personnel appeals board or hearings examiner in a representative capacity shall conduct themselves in a manner compatible with generally accepted practices in the courts of the state of Washington.[Statutory Authority: Chapte…

(1) Filing generally. Papers which must be filed with the personnel appeals board shall not be deemed filed until actual receipt of the papers in the principal office of the personnel appeals board in Olympia, Washington during customary office hours. The executive secretary or d…

(1) Any member of the personnel appeals board, the executive secretary or the hearings examiner may, and shall at the request of either party, issue subpoenas, including subpoenas duces tecum. The personnel appeals board or the hearings examiner assigned to the appeal shall certi…

Witnesses summoned before the personnel appeals board who upon demand, where entitled to make such demand, shall be paid by the party at whose behalf they appear the same fees and mileage that are paid to witnesses in the superior court of the county in which the hearing is being…

The person serving the subpoena shall prove service by filing an acknowledgement or affidavit of service with the personnel appeals board or the hearings examiner at any time prior to adjournment of the hearing. Failure to prove service does not affect the validity of the service…

(1) Attorneys of record may use discovery procedures in a manner consistent with the civil rules for the superior courts of the state of Washington.(2) A party appearing pro se or not represented by counsel may obtain an order of discovery from the personnel appeals board or the …

Upon motion promptly made by a party to the appeal or by the person to whom the subpoena or discovery is directed and upon notice to the party who issued the subpoena or discovery, the personnel appeals board or hearings examiner may after a hearing:(1) Deny the motion;(2) Grant …

At any hearing on appeal from a layoff or reduction in force, dismissal, suspension, demotion, reduction in pay, dismissal for abandonment or disability separation the appointing authority shall have the burden of supporting the charges upon which the action was initiated. At any…

Any employee, when fully reinstated after appeal, shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement and OASDI credits as provided for in RCW 41.06.220.[Statutory Authority: Chapter 41.64 RCW. WSR 82-01-053 (Order 81…

(1) All notices, documents and other papers filed with the board, after the initial filing of the appeal, shall be served upon each of the parties and the hearings examiner to whom the appeal is assigned, if any, all within the time stated. Service shall be made personally, or, e…

The day of the act, event or default after which the designated period of time begins to run is not to be included in computing any period of time prescribed or allowed by the personnel appeals board rules. The last day of the period so computed is to be included unless it is a S…

Within 30 calendar days after the recording and mailing of a personnel appeals board order in appeal cases provided for in RCW 41.06.170(2), the employee may appeal to the Thurston County superior court as provided in RCW 41.64.130. The grounds for the appeal shall be stated in a…

(1) By stipulation the parties may agree to shorten the record to be filed with the court. The appellant shall contact counsel for the respondent to discuss stipulating to a shortened record. Either party unreasonably refusing to stipulate to such a limitation may be ordered by t…

The purpose of this chapter shall be to ensure compliance by the personnel appeals board with the provisions of chapter 42.17 RCW, Disclosure—Campaign finances—Lobbying—Records; and in particular with sections 25 through 32 of that chapter, dealing with public records.[Statutory …

(1) The administrative offices of the personnel appeals board and its staff are located at 2828 Capitol Boulevard, Olympia, Washington 98501.[Statutory Authority: Chapter 41.64 RCW. WSR 82-01-053 (Order 81-4), § 358-40-020, filed 12/16/81.]

The general conduct of agency business shall be pursuant to the provisions of chapter 41.64 RCW and Title 358 WAC.[Statutory Authority: Chapter 41.64 RCW. WSR 82-01-053 (Order 81-4), § 358-40-030, filed 12/16/81.]

Public records shall be available for inspection and copying from 8:00 a.m. until 12 noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.[Statutory Authority: Chapter 41.64 RCW. WSR 82-01-053 (Order 81-4), § 358-40-040, filed 12/16/81.]

(1) Copies of all public records defined in Title 358 WAC and identified in current indexes maintained in the principal office of the personnel appeals board shall be made available upon request to the public records officer. Response to such requests will be in the order receive…

(1) The public records officer shall determine which public records requested in accordance with these rules are exempt under the provisions of RCW 42.17.310.(2) Pursuant to RCW 42.17.260, the public records officer may delete identifying details when he/she makes available or pu…

The chairperson of the board of pilotage commissioners is the assistant secretary of marine operations of the department of transportation of the state of Washington or the assistant secretary's designee. Information regarding the Pilotage Act, complaints and other matters coming…

No person may appear in a representative capacity before the board of pilotage commissioners or its designated hearing officer other than the following:(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington.(2) Attorneys a…

In all hearings involving the taking of testimony and the formulation of a record subject to review by the courts, where the board of pilotage commissioners or its designated hearing officer determines that representative activity in such hearing requires a high degree of legal t…

It shall be unethical for persons acting in a representative capacity before the board of pilotage commissioners to solicit business by circulars, advertisements or by personal communication or interviews not warranted by personal relations, provided that such representatives may…

All persons appearing in proceedings before the board of pilotage commissioners in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of Washington. If any such person does not conform to such standards, the board m…

No former employee of the board of pilotage commissioners or member of the attorney general's staff may at any time after severing his employment with the board or the attorney general appear, except with the written permission of the board, and in compliance with chapter 42.22 R…

No former employee of the board of pilotage commissioners shall at any time after severing his employment with the board appear, except with the written permission of the board, and in compliance with chapter 42.22 RCW, as an expert witness on behalf of other parties in a formal …

Except as they may be inconsistent with the rules of this chapter, the board adopts the model rules of procedure as set forth in chapter 10-08 WAC, et seq. Where the rules of this chapter conflict with chapter 10-08 WAC, the rules of this chapter shall govern.[Statutory Authority…

Except as may be otherwise provided in this chapter, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the proceeding, except that leave must be obtained if notice of the taking…

Unless otherwise ordered, the deponent may be examined regarding any matter not privileged, which is relevant to the subject matter involved in the proceeding. Depositions shall not exceed four hours, including breaks, unless otherwise agreed to by the parties, or unless otherwis…

Within the United States or within a territory or insular possession subject to the dominion of the United States depositions shall be taken before an officer authorized to administer oaths by the laws of the state of Washington or of the place where the examination is held; with…

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice of not less than fifteen days in writing to the board of pilotage commissioners and all parties. The notice shall state the time and place for taking the deposition, the name …

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown the board of pilotage commissioners or its designated hearing officer may make an order that th…

(1) Written interrogatories. Written interrogatories may be submitted in accordance with the rules of this chapter, which may become a part of the record of proceedings upon a motion made by one of the parties. Parties shall have sixty days to respond to interrogatories.(2) Depos…

The officer before whom the deposition is to be taken shall put the witness on oath and shall personally or by someone acting under his direction and in his presence, record the testimony by transcription from stenographic notes. Depositions shall not be recorded via videotape, o…

Subject to rulings by the hearing officer upon objections a deposition taken and filed as provided in this rule will not become a part of the record in the proceeding until received in evidence by the hearing officer upon the motion of any party. Except by agreement of the partie…

Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the superior courts of the state of Washington which fees shall be paid by the party at whose instance the depositions are taken.[WSR 97-08-0…

Where written interrogatories are submitted as permitted under this chapter, the party offering the testimony shall separately and consecutively number each interrogatory. The number of interrogatories shall not exceed five, including subparts. Answers shall be provided within si…

The answers to interrogatories shall certify under penalty of perjury, of the laws of the state of Washington that the answers are true and correct as of the date of attestation.[Statutory Authority: Chapter 88.16 RCW. WSR 12-12-041, § 363-11-350, filed 5/30/12, effective 6/30/12…

The board of pilotage commissioners or its hearing officer, upon request made before or during a hearing, will officially notice:(1) Federal law. The Constitution; congressional acts, resolutions, records, journals and committee reports; decisions of federal courts and administra…

In the absence of controverting evidence, the board of pilotage commissioners and its hearing officers, upon request made before or during a hearing, may officially notice:(1) Agency proceedings. The pendency of, the issues and position of the parties therein, and the disposition…

Upon proof of the predicate facts specified in the following six subsections hereof without substantial dispute and by direct, clear, and convincing evidence, the board of pilotage commissioners, with or without prior request or notice, may make the following presumptions, where …

The existence or nonexistence of a material fact, as made or agreed in a stipulation or in an admission of record, will be conclusively presumed against any party bound thereby, and no other evidence with respect thereto will be received upon behalf of such party, provided:(1) Up…

(1) Testimony in hearings brought pursuant to WAC 363-116-083 and 363-116-084. The board and the exam committee shall be required to produce no more than a total of three fact witnesses (two board/committee members, one test developer), and no more than one expert witness, for an…

(1) Hearings brought pursuant to WAC 363-116-083 and 363-116-084. The scope of discovery and relevant admissible documents, shall be limited to those materials bearing on the issues set forth in WAC 363-116-083(5) and 363-116-084(5), and as may otherwise be limited by chapter 363…

When portions only of a document are to be relied upon, the offering party shall prepare the pertinent excerpts, adequately identified, and shall supply copies of such excerpts, together with a statement indicating the purpose for which such materials will be offered, to the hear…

That the hearing examiner or other appropriate officer in all classes of cases where practicable make an effort to have the interested parties agree upon the witness or witnesses who are to give expert or opinion testimony, either by selecting one or more to speak for all parties…

That the hearing examiner or other appropriate officer, in all classes of cases in which it is practicable and permissible, require, and when not so permissible, make every effort to bring about by voluntary submission, that all direct opinion or expert testimony and all direct t…